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Do I Have a Personal Injury Claim?
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Personal injury law protects you in accidents, slip and fall injuries, or when you get sick because of someone else. It’s a good idea to have a lawyer on your side who understands the law inside and out. This blog post will discuss everything you need to know about identifying a personal injury claim. Additionally, we will share the common cases that fall under this category. If you have been injured and are considering taking legal action, be sure to keep reading!
What is Negligence?
Negligence typically defines most personal injury claims in Texas. When someone else’s carelessness or recklessness results in you getting hurt, the law defines this as negligence. The legal definition of negligence is pretty clear and easy to understand. Someone who is negligent never plans to harm another person. However, if they don’t take reasonable care to protect other people from getting hurt, they can be considered negligent.
If you think that someone’s carelessness caused you harm, you may be able to take legal action. Automobile accidents are the most common type of personal injury claim, but other negligence claims exist.
Common accidents involving negligence include:
- Slip and Fall Accidents
- Dog Bites
- Sickness Due to Dangerous Substance Exposure
- Food Illness
- Mold in Your Home
What is a Personal Injury Claim?
Anytime you are hurt because of someone else’s mistake, you might be able to file a personal injury claim. An insurance company usually handles these claims. The company will investigate the accident and then offer you a settlement. However, if you disagree with the company’s offer, you can hire a personal injury lawyer in Texas. They can try to negotiate a higher settlement amount with the company. If that doesn’t work, the lawyer can file a lawsuit on your behalf.
When you file a personal injury claim, you ask for money to pay for the injuries you sustained in the accident. This money is to pay for medical bills, lost wages, and damages from the pain and suffering.
Some personal injury cases can take a long time to settle. This depends on how complex the issue is and how willing the other side is to negotiate. Further, if your case goes to court, a judge or jury will decide how much money you should receive for your damages.
Understanding Laws and Rules
The first thing you should know is that there are statutes of limitations for filing a personal injury lawsuit in Texas. Statutes of limitations mean that you have a limited time to take action after an accident. For instance, if you are in a car accident in Texas, you have two years to file a lawsuit. If you don’t file a lawsuit within two years of the accident, you will likely be unable to take any legal action.
You should consult with a personal injury lawyer as soon as possible to make sure that you protect your rights.
Texas has shared fault rules. This means the other person or business you filed a claim against may say you were partially at fault. And, if a court finds this to be true, they can reduce or deny the amount of money you get from your settlement. For example, let’s say you were in a car accident. However, one of your brake lights wasn’t working. The other driver’s insurance company may say that you were partially at fault. The reason is that the other person may not have rear-ended you if your brake light had been working. Therefore, you would receive partial compensation for the accident.
When to Ask for Help in a Personal Injury Claim
If someone else caused you harm, you should first check to see if you can make a claim with their insurance company. If their insurance company does not give you what you deserve, speak with a personal injury lawyer. They can help you figure out if you have a strong case and work to get you the compensation you deserve.
Why hire a Personal Injury Lawyer in Texas?
If you are hurt in an accident, the last thing you want to do is deal with insurance companies. A personal injury lawyer will take care of all of that for you. They will make sure you get a reasonable settlement from the insurance company.
Dooley Noted Law is a personal injury law firm in Texas. We have helped many clients get the justice they deserve. If you believe you may have a personal injury claim, don’t hesitate to reach out to us for help. We would be more than happy to assist you.
The contents of this post, and the posting and viewing of the information on this post, should not be construed as, and should not be relied upon for, legal advice in any particular circumstance or fact situation. An attorney should be contacted for advice on specific legal issues.
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